Showing : 171-180 of 268 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Parties while appearing at Supreme Court Lok Adalat agreed for divorce by mutual consent and not to proceed with pending criminal and civil disputes - Husband agreed to pay wife a sum of Rs.Ten lacs - Terms of settlement complied with - Divorce by mutual consent..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Waiver of waiting period of six months - Parties married under Arya Samaj rites and never lived together since day of marriage - Petition for divorce filed on 24.3.2008 - Marriage fixed by parents on 18.4.2008 - Marriage and divorce in India analysed - Even in case of..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Withdrawal of consent - A spouse cannot unilaterally withdraw consent even on grounds such as fraud, undue force, representation unless these grounds are proved satisfactorily...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Waiving of waiting period of six months - Waiting period of six months can be waived keeping in view the special circumstances of a case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Waiving of waiting period of six months - Marriage solemnized on 12.12.2006 and parties litigating for divorce since 13.6.2007 and there are no chances of reconciliation - By way of compromise parties settled their difference/disputes - In view the age of the parties..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Any of the parties can withdraw consent before passing of final decree - In that eventuality, Court cannot pass a decree of divorce by mutual consent...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Mutual consent must exist at the time of passing of decree - Decree of divorce by mutual consent cannot be passed on the assumption that initial consent is continuing because the petition is not withdrawn or consent is not withdrawn by some overt act by the other spouse..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - No exparte decree can be passed - Only mutual consent gives the Court jurisdiction to pass a decree - Ex parte decree would destroy the very concept of divorce by mutual consent...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Three ingredients for the grant of relief under the provision are : (i) the parties had been living separately for a period of more than a year, (ii) they had not been able to live together and (iii) that they have mutually agreed to dissolve the marriage - Court not to..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Constitutionality - Provision of S.13-B is mandatory - If a statue causes hardship same cannot be declared ultra vires - Object of the statute has to be seen - Court while interpreting the statutory provisions would not add or subtract the words from the section nor..........

Showing : 171-180 of 268 Results